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Background
UDITPA [section] 16(a) provides that for purposes of computing the sales factor, sales of tangible personal property, other than sales to the U.S. government, are attributed to the state in which the property is "delivered or shipped to a purchaser ... within this state." This so-called destination test reflects the legislative intent for including the sales factor in the apportionment formula, which is to recognize the contribution of the market states. Under UDITPA [section] 16(b), an exception applies if "the taxpayer is not taxable in the state of the purchaser," in which case the sale is attributed to the state in which "the property is shipped ...